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The importance of this case, is that the 2d DCA is showing its discomfort with the musical chairs strategy employed by banks in foreclosure. Standing is required in order to file a lawsuit. You can’t acquire it after the lawsuit is filed and you can’t get around THAT by “substituting” a new party Plaintiff.
I would go further to state that the substitution of the new Party Plaintiff raises questions that MUST be answered in discovery and MUST be part of the prima facie case of the new Plaintiff or the Old Plaintiff. The door is opening on the ability of homeowners to be very aggressive in…
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